NCHR appreciates SC decision on minority, PWD rights

Islamabad: National Commission for Human Rights (NCHR) has welcomed the Supreme Court’s decision in which the apex court has directed the federal and provincial governments to ensure that the employment quota of minorities is maintained at all levels.

Referring to the fact-finding report titled ‘Unequal Citizens, Ending Systemic Discrimination against Minorities’ published in May 2022 by the NCHR, the court decision ordered the respective governments to strictly avoid discriminatory and demeaning advertisements hurting the dignity and self-respect of the minorities. In a statement, the Commission said that the decision will ensure the protection of minority and disability rights in the country. The Commission appreciated the details of issues regarding minority and disability employment considered in the decision and the clear stance taken by the apex court.

The detailed judgment, authored by Justice Syed Mansoor Ali Shah, was announced in response to a petition filed in the Court to challenge the seats reserved for minorities and persons with disabilities in the government job employment quota. The petitioner challenged the legality of the allocation and reservation of seats for persons with disability and minorities and prayed to the court that if this quota remains unfulfilled in a particular year, these special seats be made available for other deserving candidates applying against the general quota. The top court dismissed the petition and ruled that in order to safeguard the rights of persons with disability and to provide equality of status and opportunities, the state has to endeavour to bridge the gap and ensure that they enjoy their fundamental rights under the constitution with the same fervour and force as enjoyed by the Muslim majority and majority of persons with fuller abilities.

“Therefore, other than the general seats, the additional provision of quota for persons with disabilities (PWDs) and minorities reaffirms the constitutional commitment, the ruling stressed.” A three-judge bench of the apex court led by Justice Shah also rejected the petitioner’s argument that in case the said seats were not filled by PWDs and the non-Muslim minority in a particular year, they should be opened and made available to the general quota.

The court also directed the Punjab Public Service Commission (PPSC) to ensure that the word “disabled” was not used and instead ‘persons with disabilities’ or ‘persons with different abilities’ was put to use. It ordered that a copy of directives shall be dispatched to the chief secretary of Punjab as well as the chief secretaries of other provinces to ensure that the order was complied with in letter and spirit at the national level.